How to Handle an ADA Accommodation Request: The Interactive Process for Small Employers

An employee tells their manager they are having trouble standing for a full shift because of a back condition. Another asks whether they can start an hour later while they adjust to a new medication. Neither one mentions the Americans with Disabilities Act, and the manager may not realize a legal process has just started.

For a growing company without dedicated HR, accommodation requests are one of the easiest places to make an expensive mistake, usually not by refusing outright, but by letting the request sit, asking the wrong questions or sharing medical details with the team. This guide walks through what the law expects and a simple process a small employer can follow.

This article is general information, not legal advice. Accommodation questions depend on facts and on state law, so talk with your employment attorney about a specific situation.

Who the ADA covers

Title I of the ADA applies to employers with 15 or more employees. The U.S. Equal Employment Opportunity Commission (EEOC), in its guide Small Employers and Reasonable Accommodation, summarizes the duty this way: a covered employer must provide reasonable accommodation to qualified applicants and employees with disabilities unless doing so would cause undue hardship.

Many states have their own disability laws, and some apply to smaller employers or define disability more broadly. If you are under 15 employees, don't assume you have no obligation. Check your state agency; in Indiana, that is the Indiana Civil Rights Commission. For where the 15-employee mark sits among other federal laws, see our guide to federal employment laws by company size.

Pregnancy is handled by a separate law. As of this writing, the EEOC explains that the Pregnant Workers Fairness Act, in effect since June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, also through an interactive process.

What counts as a request

According to the EEOC, an employee only has to let the employer know they need a change at work for a reason related to a medical condition. They can say it in plain English. They don't have to mention the ADA, use the words "reasonable accommodation" or put it in writing.

That means the request often goes to a supervisor, not to the owner or HR. The single most useful step a small employer can take is to train managers to recognize a request and pass it on the same day. A manager who says "that's just how the job is" has not ended the conversation; they may have just mishandled it.

The interactive process, step by step

The EEOC describes the next stage as an informal process in which employer and employee work together to understand the need and find an accommodation that works. Federal regulations call it an "informal, interactive process" (29 C.F.R. § 1630.2(o)(3)). There is no required form, but a consistent routine helps.

1. Acknowledge the request promptly

Thank the employee, confirm you are looking into it, and name who will follow up. Don't let the request sit; put a date on the next conversation.

2. Understand the limitation and the job

Talk with the employee about what is hard and why. Look at the job's essential functions: the tasks the role exists to perform. An up-to-date job description helps here, but what the job actually requires day to day matters more than the paperwork.

3. Ask for documentation only when you need it

The EEOC says that when the disability or the need for accommodation is not obvious, the employer may ask for reasonable documentation. Keep the request narrow: enough to confirm there is a condition that limits the employee and that an accommodation is needed. You do not need, and should not ask for, a full medical history.

4. Explore options together

Common accommodations described by the EEOC include:

• Changing when or how minor tasks are done, or trading marginal tasks with a coworker
• Modified schedules, adjusted hours or periodic breaks
• Changes to equipment, the workspace or a workplace policy
• Unpaid leave
• Reassignment to a vacant position the employee is qualified for

The Job Accommodation Network (JAN), funded by the U.S. Department of Labor, offers free, confidential guidance on accommodation ideas by condition and by job.

5. Choose an effective accommodation

The employee's preference matters, but the EEOC is clear that an employer may choose among reasonable accommodations as long as the one chosen is effective. If two options would both work, you may pick the one that is easier or less expensive.

6. Document and follow up

Write down the request, the conversations, the options considered, what was decided and why. Then check in after a few weeks. An accommodation that doesn't work means the process continues.

Undue hardship and what you don't have to do

An employer does not have to provide an accommodation that would cause undue hardship, which the EEOC describes as significant difficulty or expense in light of the employer's resources. Coworker resentment or lower morale do not count. If cost is the barrier, the EEOC suggests looking for outside funding or tax credits and asking whether the employee would cover the part that creates the hardship.

The EEOC also lists things an employer is not required to do, including:

• Eliminate a primary, essential job duty
• Lower production standards that apply to everyone
• Excuse violations of conduct rules that are job-related and applied consistently
• Provide personal-use items such as eyeglasses or hearing aids

A denial should be a conclusion reached after the process, not a reaction to the first conversation. If you deny a request, explain why and whether another option might work.

Keep medical information confidential

The ADA limits disclosure of employees' medical information. Store accommodation records separately from the personnel file, and share only what a manager needs to know to put the accommodation in place, such as the new schedule, not the diagnosis. If coworkers ask, a simple "we're handling a personnel matter" is enough. Our employee handbook essentials guide covers how an accommodation policy fits into your handbook.

Common mistakes

• Treating the request as invalid because the employee didn't say "ADA"
• Letting a request sit while managers decide who owns it
• Asking for complete medical records when a short note would do
• Telling the team why someone has a new schedule
• Disciplining an employee for performance problems connected to a pending request without first working through the request

How Signent HR helps

Signent HR guides employers through sensitive employee relations situations, including documentation and policies, and coordinates with your employment attorney when legal advice is needed. If no one in your company owns this today, our outsourced HR services can serve as your HR department. To talk through your situation, schedule a discovery call. Current clients can raise accommodation questions through the client portal.